Before the Education Practices Commission of the State of Florida En1 JOHN L. WINN as the MAY 4 2007 Commissioner of Education, vs. Petitioner, BETSY ANN BLOOM, EDUCATION PRACTICES COMMISSION STATE OF FLORIDA CASE No: 06-0474-RT EPC Index N 2 07- )25 "e"' Respondent. Final Order Respondent, Betsy Ann Bloom, holds Florida educator's certificate no. 458438. Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. Petitioner and Respondent have entered into a Settlement Agreement for resolution of this cause. The Settlement Agreement and the Administrative Complaint are attached to and made a part of this Final Order. A Teacher Panel of the Education Practices Commission met on April 20, 2007, in Tampa, Florida. The Commission accepts the Settlement Agreement as the appropriate resolution of this cause. It is therefore ORDERED that the Settlement Agreement is hereby ACCEPTED and Respondent shall comply with its terms and conditions.
Final Order Betsy Ann Bloom Page 2 This Order becomes effective upon filing. DONE AND ORDERED, this Alay of, 2007. /A I DEBORAH SHEPAR, Pre&ling Officer COPIES FURNISHED TO: Bureau of Professional Practices Bureau of Teacher Certification Florida Administrative Law Reports Superintendent, Marion County Schools P.O. Box 670 Ocala, FL 34478-0670 Director, Employee Relations Marion County Schools P.O. Box 670 Ocala, FL 34478-0670 Probation Office Recovery Network Program Ronald G. Stowers DOE counsel for PPS Daniel Biggins Assistant Attorney General NOTICE OF RIGHT TO JUDICIAL REVIEW UNLESS WAIVED, A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
Final Order Betsy Ann Bloom Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Order was mailed to Betsy Ann Bloom, 13730 West Highway 318, Williston, Florida 32696; aloan Stewart, FEA, 118 North Monroe Street, Tallahassee, Florida 32399-1700 this4 day of, 2007 by Certified U.S. Mail. DON D. SHIELDS Education Practices Commission
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 034-2540-1, BETSY ANN BLOOM SETTLEMENT AGREEMEN T Petitioner and Respondent hereby stipulate and agree as follows: I. Certification. Respondent holds Florida Educator's Certificate Number 458438 issued by the Department of Education covering the areas of Early Childhood Education and Elementary Education which is valid through June 30, 2009. 2. Employment, At all times pertinent hereto, Respondent was employed as a Fourth Grade Teacher at Reddick-Collier Elementary School in the Marion County School District. 3. Allegations. Respondent neither admits nor denies, but elects not to contest the allegations set forth in Petitioner's Administrative Complaint, which are incorporated herein by reference. 4. Letter of Reprimand. Respondent agrees to accept a letter of reprimand, a copy of which shall be placed in her certification file with the Department of Education and a copy of which shall be placed in her personnel file with the employing school district. 5. Recovery Network Program. a. Evalmition, Respondent agrees to: I) submit to an evaluation relating to the issues cited in the Administrative Complaint as determined by the Recovery Network Program (RNP) and conducted by a Florida licensed psychologist, psychiatrist or mental health counselor approved by the RNP; 2) provide the RNP written verification from the treatment provider(s) of successful completion of the evaluation within sixty (60) days of issuance of the ' Final Order accepting this Settlement Agreement OR within sixty (60) days of the initial date of
BETSY ANN BLOOM Settlement Agreement Page 2 of 5 employment in a position requiring a Florida educator's certificate, whichever occurs later, and authorize the RNP to release evidence of satisfaction of this requirement directly to any employing school district or private or charter school; professional; 3) undergo any counseling or treatment as may be prescribed by said 4) provide the RNP and the employing school district or private or charter school with written verification from the treatment provider(s), of completion of all recommended treatments within sixty (60) days of completion; and b. Prior Evaluation. If Respondent has undergone evaluation(s) and treatment and/or counseling after the incident(s) alleged in the Administrative Complaint, the cvaluation(s) and treatment and/or counseling may be used in lieu of the evaluation(s) and treatment and/or counseling agreed to herein, if acceptable to the RNP. c. Employment. If Respondent is not employed in a position requiring a Florida educator's certificate on the date, or within one (1) year of the date, the initial RNP evaluation(s) required herein are performed, Respondent agrees to submit to follow-up evaluation(s) as determined by the RNP within sixty (60) days of being employed in such a position. d. Costs. Respondent shall bear responsibility for all costs associated with the evaluation, treatment and counseling. 6. Probation. Respondent agrees that she shall be placed on probation for a period of two (2) employment years. If Respondent is currently employed in a position requiring a Florida educator's certificate, probation shall begin upon the issuance of the Final Order by the Education Practices Commission (EPC) provided the EPC has accepted this Settlement Agreement if Respondent is not currently employed in a position requiring a Florida educator's certificate, probation shall begin upon her re-employment in such a position. In the event Respondent's employment is interrupted for any reason prior to the expiration of probation, the probation shall be tolled until Respondent resumes employment in a position requiring a Florida educator's certificate. As conditions of probation, Respondent: a. shall immediately contact the Department of Education upon employment in Florida in a position requiring a Florida educator's certificate or upon termination from such a position. If currently employed in such a position, Respondent shall contact the Department of Education within ten (10) days of the issuance of the Final Order accepting this Settlement Agreement and Respondent shall provide the Department of Education with the name and address of her work site as well as the name, address and telephone number of her immediate supervisor.
BETSY ANN BLOOM Settlement Agreement Page 3 of 5 b. shall make arrangements for her immediate supervisor to provide the EPC with a true and accurate copy of each written annual performance evaluation or assessment prepared by her supervisor within ten (10) days of it preparation; c. shall pay to the EPC $150.00 within the first six (6) months of each probation year to defray the costs of monitoring probation; d. shall, within the first year of probation, perform fifty (50) hours of community service with a local humane society or other animal welfare agency, and provide proof of completion of community service to the EPC; e. shall violate no law and fully comply with all district school board regulations, school rules, and State Board of Education Rule 68-1.006; and 1. shall satisfactorily perform her duties in a competent, professional manner. 7. Fine. Respondent agrees to pay a fine in the amount of $500.00 to the EPC within the first year of the probationary period. 8. Violatiqq, In the event Respondent fails to comply with each condition set forth herein, she agrees that the Petitioner shall be authorized to file an Administrative Complaint or a Notice of Violation with the EPC seeking sanctions against her Florida educator's certificate up to and including permanent revocation of her Florida educator's certificate and a permanent bar from re-application for a Florida educator's certificate, based upon the violation of the terms of this Settlement Agreement. 9. Costs and Fees, Respondent agrees that any costs associated with the fulfillment of the terms of this Settlement Agreement shall be her sole responsibility. These costs include, but are not limited to, those associated with the Recovery Network Program (RN?) and Probation, if applicable. The probation monitoring fee shall be held in abeyance if Respondent is not employed as an educator pursuant to the terms of the Probation. 10. Force and Effect, This Settlement Agreement constitutes an offer of settlement of disputed issues of material fact until accepted and executed by all parties. The Settlement Agreement is void and has no force or effect unless executed by all parties and accepted by the EPC. If the Settlement Agreement is not accepted and executed by all parties, the terms herein shall be inadmissible in any subsequent formal or informal administrative hearing or in any other legal action between the parties. Notleeof "Three Strikes" Provision. Respondent is hereby put on notice that Section 1012.795(6)(b), Florida Statutes (2004), provides for permanent revocation of an educator's certificate under certain circumstances when the educator's certificate has been
sanctioned by the Education Practices Commission on two (2) previous occasions. BETSY ANN BLOOM Settlement Agreement Page 4 of 5 l2. Waiver Respondent understands provisions of this Settlement Agreement, their legal effect, and her rights under Florida law to a formal hearing before a duly designated administrative law judge of the Division of Administrative Hearings (DOAH) or an informal hearing before the EPC. Respondent specifically waives her right to both a formal and an informal hearing, except she may appear before the EPC in order to urge the adoption of this Settlement Agreement. Respondent further acknowledges that she is under no duress, coercion or undue influence to execute this Settlement Agreement and that she has had the opportunity to receive the advice of legal counsel prior to signing this Settlement Agreement. 13. Approval. When fully executed, this Settlement Agreement shall be submitted to the EPC with the joint request by the parties that the EPC accept and adopt the terms of this Settlement Agreement as the basis for its Final Order in this proceeding. The parties understand that the EPC has the discretion to reject this Settlement Agreement and order a full evidentiary hearing on the allegations of the Administrative Complaint if, in the exercise of its discretion, it deems such action to be appropriate. 14. Notice, Respondent waives all statutory and regulatory provisions concerning notice of hearing and agrees that this Settlement Agreement may be presented to the EPC for consideration at its next available scheduled meeting, provided that Respondent is given reasonable advanced notice of time, place and date of said meeting. (SIGNATii RES AND NOTARIZATION ON FOLLOWING PAGE)
BETSY ANN BLOOM Settlement Agreement Page 5 of 5 WITNESS=OF, the parties have executed this Settlement Agreement on this day of, 20 04.. Geeb STATE OF FL-0/1114A COUNTY OF Oria.MCe..- The foregoing instrument was acknowledged before me this ie n day of OctdDe.f.,, 200(0, by who is personally known or produced 4,.% ta.le as identification [type of identification produced]. ARY F LIC My commission expires: Stag 3.00-7 swilt ONALD G. Ti RS JOAN STEWART, ESQUIRE Assistant General Counsel Florida Education Association Suite 1244, Turlington Building 118 North Monroe Street 325 West Gaines Street Tallahassee, Florida 32301 Tallahassee, Florida 32399-0400 Telephone (850) 224-7818 Telephone (850) 245.0443 Facsimile (850) 681-2905 Facsimile (850) 245-9425 ATTORNEY FOR.PETITIONER ATTORNEY FOR RESPONDENT
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, VS. CASE NO. 034-2540-V BETSY ANN BLOOM, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against BETSY ANN BLOOM. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, andpursuant to Rule 613-1.006, Florida Administrative Code, Principles ofprofcssional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator's Certificate 458438, covering the areas of Early Childhood Education and Elementary Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Reddick-Collier Elementary School in the Marion County School District. MATERIAL ALLEGATIONS 3. Prior to April 14, 2004, Respondent failed to provide. adequate and necessary sustenance, medical care, grooming and hoof care to several horses and donkeys in her custody and care. Six of the animals were removed to a sanctuary and one other horse died. On or about April 14, 2004, Respondent was arrested and charged with Cruelty to Animals. On or about June 10, 2004, Respondent entered into a 12-month pre-trial intervention program. Conditions of witty into this program included that Respondent sign an admission of guilt and her custody of any domesticated animal was monitored.
BETSY ANN BLOOM Administrative Complaint Page 2 of 2 STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator's certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of-the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent's authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent's educator's certificate for a period of time not to exceed five years; revoking the Respondent's educator's certificate for a period of time up to 10 years or permanently; or bat-ring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently. EXECUTED on this (04\ day of mare', 2006. JOflN L. WENN, as Commissioner of Education State of Florida
KATHLEEN RICHARDS Executive Director DANIEL BIGGINS Assistant Attorney General April 20, 2007 EDUCATION PRACTICES COMMISSION STATE OF FLORIDA DEBORAH SHEPARD Chairperson DENNIS GRIFFIN Co-Chairperson Betsy Bloom 6200 Georgetown Park Dr Norcross, Georgia 30071-1870 Re: John L. Winn vs. Betsy Bloom EPC No.: 06-0474-RT; DOE No.: 458438 Dear Ms. Bloom: As you know, the teacher panel of the Education Practices Commission reviewed the matter pending against you. Based upon the panel's consideration of this matter and upon the panel's acceptance of your Settlement A greement, you are hereby reprimanded. This panel, composed of your peers, believes that, as a teacher, you are required to exercise a measure of leadership beyond reproach. By your actions, you have lessened the reputation of all who practice our profession. The profession cannot condone your actions, nor can the public who employ us. The Education Practices Commission sincerely hopes it is your intention to never allow this situation to occur again or indeed, to violate any professional obligation in fulfilling your responsibilities as an educator. To violate the standards of the profession will surely result in further action being taken against you. This letter of reprimand is being placed in your state certification file, and a copy is being sent to the Marion County School Board for placement in your personnel file. Sincerely, 325 West Gaines Street 224 Turlington Building Tallahassee, Florida 32399-0400 (850) 245-0455